Conservatorships/Guardianships

When a person is not cable of managing his or her own financial affairs or health care decisions due to mental or physical incapacity, chronic substance abuse or minority, a court may appoint a conservator to handle the protected person’s assets and a guardian to provide the proper care for the incapacitated person. Striving to help families cope with difficult situations, Waterfall’s caring attorneys can guide families through the challenges and decisions that surround the process of taking over a loved one’s responsibilities for his or her financial and health care matters.

Appointment as a conservator and a guardian for a family member or other person entails entering into a fiduciary relationship that benefits from professional assistance both in the process for court appointment and in assuring ongoing compliance with the myriad of statutory requirements imposed on court appointed fiduciaries. Our lawyers have the expertise to navigate clients through the more complex areas of the probate court. Our attorneys advise clients seeking appointments as conservators and guardians through the court process in standard and emergency hearings. Our lawyers also have expertise in assisting clients with the preparation of court-mandated annual accountings and reports. Recent changes in Arizona laws have made the process difficult for an individual serving as conservator to complete the intricate forms that are now mandatory. We also represent clients when they themselves are potentially facing the appointment of a guardian or a conservator by helping to protect their rights and advising them through the process, including contested matters. Our experienced team represents petitioners and protected persons in contested litigation involving the appointment of guardians and conservators.